Texas
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical Right To Counsel
There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel
Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified
The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding
This state has no law creating a judicial proceeding of this type.
No Authorization, But Relevant Materials
While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other
Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.
Denies
This state has law explicitly stating that there is no right to counsel for this area.
Doesn't Affect
Abuse/Neglect/Dependency - Accused Parents
Legislation
June 2, 2015
Texas enacts law expanding right to counsel for parents
A Texas law enacted in 2015 provides for appointment of counsel for unknown/unlocatable parents and provides earlier notice to other parents.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Litigation
April 1, 2016
TX Sup. Ct: parental right to counsel in abuse/neglect cases extends to high court appeal
The Supreme Court of Texas held that a parent's right to counsel in child welfare cases extends to an appeal to the high court.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
December 20, 2019
Texas Supreme Court: parent not advised of right to counsel
The Supreme Court of Texas reversed a termination of parental rights because a parent was not advised of her right to appointed counsel.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
August 15, 2021
Texas app ct: dismissal of appointed atty due to alleged non-indigence was improper
A Texas Court of Appeals found error in a trial court's decision to dismiss a parent's appointed counsel on the grounds of non-indgience.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Doesn't Affect
Abuse/Neglect/Dependency - Children
Legislation
May 21, 2017
Legislation (dead): child in conservatorship proceedings
This dead bill would have required an attorney ad litem for a child in conservatorships to continue until the conservatorship ends.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
The NCCRC submitted testimony and worked on the bill language.
No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
June 24, 2022
Right to counsel but no such proceeding
Though a minor seeking to bypass the parental consent requirements for an abortion has the right to counsel, abortion is effectively banned.
Read More
Appointment of Counsel: No Such Proceeding
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
June 18, 2023
Right to attorney ad litem
The court must appoint an attorney ad litem for the subject of a guardianship proceeding.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Doesn't Affect
Housing - Evictions
Pilot
October 30, 2023
All about Houston's right to counsel pilot programs
A project provides all tenants counsel in certain Houston housing courts.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
The NCCRC has provided input and guidance to some of the founders of the project.
Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
March 23, 2018
Texas court: when parents square off in private termination case, kids must have counsel
A statute requires counsel for a child in a termination case unless their interests are adequately represented by another party.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Doesn't Affect
Termination of Parental Rights (State) - Birth Parents
Litigation
April 1, 2016
TX Sup Ct: parental right to counsel in termination cases extends to high court appeal
The Supreme Court of Texas held that a parent's right to counsel in termination of parental rights cases extends to an appeal to the high court.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Legislation
September 10, 2018
Texas court: failure to appoint counsel for parent was reversible error
An appellate court held the failure to advise a parent of the right to counsel in a TPR case, and delayed appointment, required reversal.
Read More
Appointment of Counsel: Doesn't Affect
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Truancy - Petition Against Child
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
June 18, 2015
Texas decriminalizes truancy, adds appointment of counsel provision
In 2015, Texas decriminalized truancy, prevented initial incarceration, and permitted the court to appoint counsel for the child.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Discretionary
All Basic Human Needs
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A court may appoint counsel in any civil case.
Read More
Appointment of Counsel: Discretionary
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel: service by publication
A court must appoint counsel for a defendant who is served by publication and does not answer.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Litigation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The Texas Supreme Court has said trial courts have inherent power to appoint in any civil case if exceptional circumstances exist.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Debtor’s Prison / Financial
Categorical
Civil Contempt in Family Court
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to counsel for an indigent respondent in a child support civil contempt proceeding.
Read More
Appointment of Counsel: Yes
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Litigation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Some appellate courts have found a federal constitutional right to counsel for the respondent in a civil contempt proceeding.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Some appellate courts have found a federal constitutional right to counsel for the respondent in a civil contempt proceeding.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is an arguable statutory right to counsel for an indigent respondent in a civil contempt proceeding.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Domestic Violence
Qualified
Domestic Violence - Accused Person
Litigation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
One appellate court determined that constitutional appointment of counsel for respondents in protective order cases is on a case-by-case basis.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Domestic Violence - Alleged Victim
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
One appellate court concluded that petitioners in DV cases have a right to counsel.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Education
Qualified
Truancy - Petition Against Child
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
June 18, 2015
Texas decriminalizes truancy, adds appointment of counsel provision
In 2015, Texas decriminalized truancy, prevented initial incarceration, and permitted the court to appoint counsel for the child.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Family Law
Qualified
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Indigent parents are entitled to counsel in cases where the state seeks to install a temporary managing conservator, or files suit for services.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
In abuse cases, children have a right to an attorney ad litem who may serve in a dual role.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Custody Disputes - Children
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The court may appoint counsel for a child in any proceeding where the interests of the child are at issue.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Custody Disputes - Parents
Court Rule or Initiative
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The court may appoint counsel for a parent claiming violation of a child visitation order.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The court may appoint counsel for a parent in any proceeding where the interests of the child are at issue.
Read More
Appointment of Counsel: Discretionary
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Parentage - Petitioner or Child
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment for child
The court may appoint either best interest or client-directed counsel for a child in a parentage matter.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Discretionary
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A court may appoint counsel for the parent in a privately-initiated termination of parental rights proceeding.
Read More
Appointment of Counsel: Discretionary
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
March 23, 2018
Texas court: when parents square off in private termination case, kids must have counsel
A statute requires counsel for a child in a termination case unless their interests are adequately represented by another party.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Indigent parents have a right to counsel in state-initiated termination of parental rights cases.
Read More
Appointment of Counsel: Yes
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Children have a right to an attorney ad litem in state-initiated termination of parental rights proceedings.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Health
Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to attorney ad litem
An adult respondent has the right to an attorney ad litem if the department pursues an emergency order authorizing protective services.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
June 24, 2022
Right to counsel but no such proceeding
Though a minor seeking to bypass the parental consent requirements for an abortion has the right to counsel, abortion is effectively banned.
Read More
Appointment of Counsel: No Such Proceeding
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Categorical
Civil Commitment
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to counsel for the subject of court-ordered commitment matters related to mental health and "chemical dependency."
Read More
Appointment of Counsel: Yes
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Litigation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Several appellate courts have found a federal constitutional right to counsel in civil commitment proceedings.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
June 18, 2023
Right to attorney ad litem
The court must appoint an attorney ad litem for the subject of a guardianship proceeding.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
The court must appoint counsel for those subjected to involuntary treatment for “chemical dependency” and for other mental health matters.
Read More
Appointment of Counsel: Yes
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Quarantine/Isolation
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to Counsel
There is a right to counsel for a person or group in a court proceeding for management, but not in area quarantine.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to counsel for an indigent respondent in a sexually violent persons commitment proceeding.
Read More
Appointment of Counsel: Yes
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
No Such Proceeding
Sterilization
Litigation
No express authoirty for sterilization
A Texas appellate court held there is no authority to authorize sterilization.
Read More
Appointment of Counsel: No Such Proceeding
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Housing
Qualified
Housing - Evictions
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
Texas county courts can appoint willing counsel in eviction cases appealed from a Justice of the Peace court.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Qualified
Other subject area
Legislation
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel - probate cases
A court may appoint counsel for a variety of people in probate proceedings.
Read More
Appointment of Counsel: Discretionary
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Court Rule or Initiative
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel - petitioner in civil contempt
The court may appoint counsel for the petitioner claiming violation of an order “for child support or possession of or access to a child.”
Read More
Appointment of Counsel: Discretionary
Qualified: No
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
Key Development
?
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel - Service by publication
If a defendant is served by publication and does not appear, the court shall appoint counsel to defend the suit on defendant's behalf.
Read More
Appointment of Counsel: Yes
Qualified: Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
